beta
(영문) 서울서부지방법원 2017.08.30 2016고단3749

업무상배임

Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that Defendant A is the president of the Seodaemun-gu Seoul Metropolitan Government Association for the Redevelopment and Improvement of Housing Units (hereinafter “instant association”) and Defendant B is the financial director of the said association.

On May 12, 2013, the instant association made a decision to hold a general meeting of members to delegate the sale of withheld facilities and beams apartment units to the members of the association to the council of the association, and on January 23, 2015, the said association made a decision to re- delegate the sale of withheld facilities and beams apartment units to the council of the association’s board of directors at the meeting of the association, which was held around January 23, 2015.

On November 23, 2015, the Defendants held a board of directors at the above partnership office located in Seodaemun-gu Seoul, Seoul around November 23, 2015, and decided to sell most of the above partnership apartment units with the intention to sell the above apartment units with the intention to sell the apartment units with the intention to sell them more than 30 million won by union members. However, the Defendants decided to sell the above apartment units 303-dong 302 (hereinafter “302-dong 302”) to L who is an employee of the above partnership without any special reason.

The Defendants conspired in collusion with the above partnership office around June 16, 2016, and on May 12, 2013, 302, the sales price of the union members decided at the general meeting of the self-association general meeting of May 12, 2013, violated the business duty of 350,1650,000 won and sold the company's street for sale to L, thereby obtaining property benefits equivalent to 30 million won, and suffered property damage equivalent to the same amount from the instant association as the victim.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the court.

1) As stated in the facts charged, the board of directors held on November 23, 2015, held on the disposition of withholding facilities (ten apartment units) holding by the instant association, with the consent of all participating directors, shall be sold above the costs of the association, as stated in the facts charged.